Terms & Conditions
This HYER® Aviation B.V Terms and Conditions govern access and usage of our websites, mobile apps and other services for the facilitation of Aircraft charter.
This Terms and Conditions works as an agreement between the charter organization HYER® Aviation B.V (“we”,” HYER®”, “our” or “us”), a Dutch-registered company in the Chamber of Commerce under number 80195520, registered at Torenallee 20, 5617 BC Eindhoven, the Netherlands and VAT number NL861584594B01, and you (“client”, ”user”, “Customer” or “Member”).
HYER® is not a direct air carrier. All Flights to which HYER® has access and are offered to users are owned and operated by a properly licensed third party air carrier, compliant with rules outlined by the European Union Aviation Safety Agency (or other appropriate authority under foreign law).
This Terms and Conditions do not constitute a contract for carriage by air. Contracts for carriage will be concluded between users and Aircraft operators and will be subject to operators' Terms and Conditions of Carriage. HYER® Aviation B.V is not a contracting or common Carrier.
To the fullest extent permitted by law, HYER® Aviation B.V does not assume any liability whatsoever concerning the use of HYER®`s platform, the performance of an Itinerary or any related operation of Aircraft.
1- DEFINITIONS AND INTERPRETATION
In these Terms and Conditions unless the context otherwise requires:
- "Agreement" means these Terms and Conditions, the Charter Contract and any Special Conditions.
- “Aircraft” means any aircraft (including helicopters) operated by an Operator for the performance of a Flight Itinerary.
- “Booking Confirmation” means the confirmation (electronic, e-mail or via message apps) provided by HYER to a Customer confirming the Flight and including the Itinerary and the Aircraft booked through the HYER Platforms.
- “Charter Contract” means these Terms and Conditions.
- “Charter Flight” means the Flights in which the Customer reserves the entire Aircraft for flying.
- “Conditions of Carriage” and “Operator`s Terms” means the Operator’s general conditions of carriage for passengers and baggage.
- “Customer”: HYER`s users and members (which shall include its representative(s) as applicable) making Flight inquiring, Flight booking or/and booking a seat using HYER Platforms.
- “Charter Price” means the total amount set out in HYER`s invoice(s) issued in respect of the charter of an Aircraft for the performance of the Itinerary including HYER`s fee. Unless otherwise confirmed in writing by HYER the Charter Price shall not include (a) catering, (b) additional services (including any ground transport and helicopter transfers), (c) any increase in costs after the date of the Booking Confirmation, including security costs, aviation insurance premiums, fuel, air Passenger duty, airport charges or similar costs relating to the operation of the Aircraft or any part of the Itinerary, and (d) de-icing, weather-related or hangarage costs, airfield fire category upgrades, access to VIP lounges and terminals, fuel stops or out of normal hours airport charges.
- "Activation Date" means the day when HYER decides if a shared flight in pre-booking state will be confirmed.
- "Empty Leg Charter" means a Customer`s charter of an Aircraft for an Itinerary that is wholly contingent upon the completion of a separate charter Flight.
- "Flight Briefing" means the Flight or series of Flights booked via HYER and shall include places of departure, places of destination, any stopping points and any departure and arrival times.
- "Flight Manager Service" means the package of complementary services offers by HYER to improve personalisation and customization of Flights.
- "HYER" means HYER Aviation B.V, a Dutch-registered company in the Chamber of Commerce under number 80195520, registered at Torenallee 20, 5617 BC Eindhoven, the Netherlands and VAT number NL861584594B01.
- "HYER Exchange Rate" means the midpoint rate as published by the ING Bank N.V in The Netherlands, by the time of quote, plus a 1% currency administration fee.
- "HYER Platform (s)" means the channels provided by HYER to the Customer, so he /she can have access to HYER services, and that includes the site www.flyhyer.com, telephone, e-mail, HYER App and text message service.
- "HYER quote (s)" means the offers made by HYER to a Flight request received from the Customer, describing all conditions for a Flight Itinerary that would be fulfilled in case the Customer accept the offers.
- "Itinerary" means the Flight or series of Flights booked via HYER Platform.
- "Members" those persons who subscribe to use the services of as are made available through flyhyer.com or through any mobile application made available by HYER. It also includes subscriptions made via email, message apps or phone. A person is considered a member during the entire period in which his/her account is active in HYER Platform.
- "Operator" means the Aircraft Operator whose quotation for provision of a Flight to the Customer has been accepted by the Customer in accordance with these Terms and Conditions. The Operator is the actual operator of an Aircraft for the Itinerary as specified in the Booking Confirmation.
- "Passenger" means any person other than cabin or Flight crew travelling on an Aircraft booked by a Customer via HYER Platform.
- "Parties" means, as the context may require, HYER, Customers and Passengers.
- "Recurring clients" means customers that book a Charter Flight or a seat on a Shared Flight with HYER two or more times on a period of 12 months.
- "Shared-Flight" means a Flight in which Customers book a seat on the Aircraft via HYER, instead of the entire Aircraft.
- "Special Conditions" means those variations to this Terms and Conditions upon which the Operator will perform the Flight for the Customer and which, in the event of inconsistency with these Terms and Conditions, take precedence as between the Parties.
- "Ticket price" means the full price to be paid by the Customer for booking a seat on a shared-Flight.
- "Valid Customer" or "Valid Member" means a person that registered for using HYER Platform (or a person that inquires for a Flight) which it is possible to validate the trustworthiness of the person.
2 – USE OF THE HYER PLATFORM
2.1 Customers, confirm, acknowledge and agree that:
A- In making services available through the HYER Platform, HYER acts as solely as the agent for the Customer and the intermediary between Customer and Operators in arranging Aircraft charters.
B- HYER does not and will not operate as an air carrier and it does not own, operate or maintain Aircraft.
C- HYER is not a contracting carrier for the purposes of the Montreal Convention 1999, nor is it a common carrier.
D- All Flights booked through the HYER Platform are provided by third-party Operators, with the contract of carriage in respect of such Flights being entered into directly between the Operator and the Customer.
E- Carriage shall at all times be subject to the Operator's Terms and (where applicable) Conditions of Carriage.
F- They are of sufficient legal age and capacity to enter into legally binding agreements, including these Member Conditions.
G- A third party may not access the HYER Platform or make bookings on behalf of another Customer unless expressly authorised to do so by the Customer and on the condition that such third party brings these Terms and Conditions and all communications from HYER and/or the Operator to the express attention of the Customer without delay and obtains the Customer’s agreement to all such terms and communications.
H- Only valid Customers may use HYER Platform. HYER reserves the sole right to verify the trustworthiness of all users registered in HYER Platform at any time while the user has his/hers account registered and activate in HYER Platform. In case trustworthiness of a user cannot be verified (such as – not limited to - users using fake e-mails or fake phone number or identity theft) HYER may, at any time and without notice, suspend the member from using HYER Platform as well block the user for an indefinite time for using HYER Platform and any of its services.
3 – AIRCRAFT CHARTER AND CONFIRMATION
The Operator shall make available to the Customer the Aircraft as specified in the Flight Briefing and the Customer shall take the Aircraft on charter from the Operator upon the Terms and Conditions of this agreement and the Operator`s Terms (including any Special Conditions which have been notified to the Customer by the Operator during the HYER Quotation process).
3.1 A Customer may use the HYER Platform to (a) submit an Aircraft charter request for an on-demand charter, or (b) express interest in a group charter, (c) inquire and request about membership enrolment for charter services, (d) express interest in an Empty Leg Charter. HYER shall use its reasonable endeavours to offer a Charter Price accordingly.
3.2 Upon receiving a charter request HYER will present a quote to the Customer with a price for the Aircraft available to perform the Itinerary. The following terms apply to the HYER quote:
- No commercial obligation rises from a quote.
- Quote prices and Aircraft are subjected to Aircraft availability.
- Pictures used on the quote are for illustration propose. The picture of real Aircraft assigned to perform the Flight is presented via the Flight Briefing after the Flight is confirmed.
- Quotations are valid for a limited time, as specified in the quotation file. Once the quotation validity expires HYER reserve the right to update price.
- Until the booking is confirmed prices are subjected to change.
3.3 A Customer acceptance of the charter price as well as these Terms and Conditions are deemed to occur upon the receipt by HYER of :
- 100% (one hundred per cent) of the Charter price where the Itinerary commences within 30 days.
- 40% (forty per cent) of the Charter price (or any such deposit that might be required from the operator (whichever is greater) where the Itinerary commences more than 30 days of the request.
3.4 Subject to the continued availability of the Aircraft, upon acceptance of the Charter Price, HYER shall issue the Customer with a Booking Confirmation.
3.5 The balance of the total Charter Price is payable no later than 30 (thirty) days before the commencement of the Itinerary. Should the balance not be received within that timeframe HYER shall (in its absolute discretion) be entitled to cancel the Itinerary and refund the deposit received less (a) a fee of 20% (twenty per cent) of the total Charter Price and (b) any cancellation fees due to the Operator under the Operator's Terms.
3.6 Customers acknowledge and agree that the performance of an Empty Leg Charter is not guaranteed and is always conditional upon the primary charter (the Flight that gives rise to the empty leg) being operated. In case the primary charter is cancelled for any reason, the Empty Leg Charter will similarly be cancelled. In such circumstances, HYER will endeavour to inform the Customer of such cancellation without delay, with the Customer being entitled to a full refund of all funds paid concerning the Itinerary.
3.7 Flight bookings and Itinerary are based on internationally recognised ICAO (4 letters) and IATA (3 letters) airport codes and not by airport names or city names.
4 – CHARTER PRICE AND PAYMENT
4.1 HYER offers a payment gateway for payment through its services via HYER Platforms. Customers shall pay HYER the Charter Price at the time, in the amount, currency and to the address specified under the provisions set out therefore in this Terms and Conditions and the Invoice.
4.2 The following payment methods are accepted by HYER.
- Bank transfer (available exclusively for Charter Price payment).
- Debit or credit card.
4.3 All sums payable to HYER, including the Charter Price and any Supplementary Invoice, shall be due in full, with any bank transfer fees and exchange charges being for the payee’s account.
4.4 Transactions limit apply for payments made via Debit and Credit card.
4.5 Payment of Charter Price via debit and credit card incur additional transaction charge fee of 4%. The additional charge is not applicable when booking a ticket on a shared-Flight.
4.6 Payment for a charter Flight via Credit and debit card is available exclusively for clients with access to the full package of Flight Management Services.
4.7 Funds received from Customers in respect of the Charter Price will be held in a separate client account, pending payment of the relevant sums to the Operator (and net of HYER facilitation fee). The funds shall be held to be used only for the specific purpose of paying the Operators or for refunding Customers according to the terms of these Terms and Conditions. In the event that the money held attract interest, that interest shall accrue to the benefit of HYER and not the Customer or any other third parties, regardless of whether or not the money is due to be refunded or repaid.
4.8 The Charter Price is based on aviation fuel costs calculated on the date of booking. If for any reason whatsoever there shall be any increase in the cost of aviation fuel between the date of booking and the date of operation of any flight, then the Customer shall, if so required by the Operator, pay HYER on demand such amount as shall fully compensate the Operator for such increase in costs.
4.9 The Charter Price is agreed in the currency shown on the Invoice. On request from the Customer, HYER, in its sole discretion may elect to accept settlement of the price in either in US Dollars, Euros or GBP Sterling. On request, a new invoice will be issued to the Customer, converting the Charter Price using the HYER Exchange Rate on the date of issue of the Invoice. If immediate payment is not received then HYER reserves the right to recalculate the conversion of the Charter Price into the Customer’s requested currency at the date of payment, and issue a revised and/or further invoice for any additional amounts outstanding at the date of payment. All such invoices issued shall evidence the “Charter Price” of that Itinerary and are subject to these Terms and Conditions.
4.10 No set-off or counterclaim (whether arising in respect of a Flight Itinerary or any other carriage) shall entitle the Customer to withhold payment of any sums whatsoever payable under or by reason of this Itinerary.
4.11 The Customer shall be responsible for reimbursing the Operator on demand in respect of any de-icing costs incurred in connection with the performance of an Itinerary. HYER shall implement a credit card hold of the approximate cost of the de-icing. The Customer will be informed before the Flight of the credit card hold amount. This credit card hold shall be released on full settlement of the related outstanding invoice in respect of an Itinerary under these Terms and Conditions. If the Customer fails to make such settlement, the Customer agrees that HYER shall be entitled to request payment of the sum on hold from the Customer’s credit card. In case a credit card hold is not used and De-icing is required, the HYER will charge the De-icing amount from the Customer and the Customer must pay the amount upon receiving the invoice.
4.12 In the event that the Customer requests a change in routing or any other significant change (for example Flight time change, Passenger manifest change, change of airport or additional Flight requirements) in respect of one or more itineraries being undertaken by the operator under a Flight booking and such requests are accommodated by the Operator (which shall be at the Operators’ sole discretion), HYER will issue an amended or replacement Flight Confirmation and the Customer will pay on demand any additional costs set out therein.
4.13 Debit and credit card charges are not refundable in the event of (a)cancellation of Flight(s) or an Itinerary, and/or (b) refund of pre-authorised payments taken by HYER from the Customer’s credit card.
4.14 Unless agreed in advance of the Flight, Wi-Fi charges are not included within the Charter Price. Any charges by the Operator for WiFi used, that was not included in the Itinerary will be passed onto the Customer to be paid on receipt of invoice.
4.15 If the Customer pays the Charter Price by bank transfer within 1 week of the proposed date of the Itinerary, then HYER might request that the Customer provides to HYER his/hers credit card details, which HYER may complete a pre-authorisation of the relevant Charter Price plus the 4% transaction fee payable pursuant to clause 4.5. If: (a) the relevant payment by bank transfer is not received by HYER’s bank within 2 working days (being any day other than a Saturday, Sunday, or public holiday when banks are generally open for normal business in Amsterdam) before the departure date, or (b) the Customer requests that HYER takes the relevant payment by credit card, then the pre-authorised payment of the Charter Price plus the 4% transaction fee will be taken from the Customer’s card. If a bank transfer is received by or on behalf of the Customer after HYER has taken the relevant pre-authorised sums from the Customer’s credit card, then the bank transfer will be refunded to the Customer. In case the pre-authorised payment is refunded to the Customer’s credit card the amount will be the Charter Price less the 4% transaction fee paid and any fees or charges levied on HYER in connection with refunding such pre-authorised credit card payment.
5 – CHARTER FLIGHT CANCELLATIONS AND REFUNDS
In case of cancellation of all or part of the Itinerary, Customer shall pay the following cancellation charges, depending on the time the cancellation occurs:
- Upon confirmation: 20% of total Charter Price.
- From 7 days to 72 hours before scheduled Departure Time: 50% of total Charter Price.
- From 72 to 48 hours before scheduled Departure Time: 65% of total Charter Price.
- From 48 to 24 hours before scheduled Departure Time: 85% of total Charter Price.
- Less than 24 hours before scheduled Departure Time: 100% of total Charter Price.
If part of the Itinerary is performed and the cancellation pertains to the remaining segments of the Itinerary, Customers are no entitled to any refund from HYER (partial or otherwise).
I case the Flight is cancelled due to the landing permits or insurance not being granted, the Customer is not liable to pay any cancellation fee. Any payment made will be fully reimbursed (minus any fee related to the application of the permit) to the Clients Bank Account or Credit Card used to perform the payment. Any pre-authorizations in the credit cards will be immediately released.
6 – FLIGHT OPERATION, TRAVEL DOCUMENTS AND BOARDING
6.1 The Customer shall be solely responsible for ensuring that passengers and their baggage arrive at the specified check-in point at the departure airport in sufficient time to be carried on any Flight and to comply with the Operator`s Terms, including but not limited to rules regarding luggage restriction, the carriage of pets or on-board behaviour. In the event that any Customer`s Passenger fails to arrive in sufficient time to board the Flight, the Operator and HYER shall be under no liability whatsoever to the Customer or to such Passenger. The Operator or HYER shall be under no obligation to make any alternative arrangements for any such Passenger.
6.2 Customers shall provide HYER with all necessary information and assistance, including confirmation of the identity of all Passengers within any time frame as may be stipulated by HYER so that Operator can issue traffic documents as necessary and/or finalise arrangements for the performance of the Itinerary.
6.3 Customers and Passengers are solely responsible for obtaining all required travel documents and visas (including, where relevant, pet passports) and for complying with all applicable customs, police, public health, immigration and other lawful regulation, laws, orders, demands, instructions and travel requirements in countries of departure, arrival or transit. All travel documents (including, where relevant, pet passports) shall be presented with sufficient time to complete departure procedures. HYER shall have no liability whatsoever for a Customer or Passenger’s failure to comply with this clause and for any consequence the might result from it. Customers who are late for boarding might (i) be are subject to late departure fees, and (ii) have no right to a refund if they are more than thirty (30) minutes late and the Operator can no longer service the Itinerary.
6.4 In the event of any delay (other than any delay for technical reasons that the responsibility for which shall lie with the Operator) deviation or diversion of any flight, the Customer shall be solely responsible for any cost for accommodation, refreshments, meals, transportation or any other additional costs, expenses, losses, damages or liabilities of whatsoever nature incurred in respect of the Customer’s Passengers wherever and howsoever the same shall arise. All such costs, expenses, losses, damages or liabilities incurred by the Operator shall be reimbursed by the Customer to the Operator`s demand.
6.5 Where an Operator makes HYER aware of changes to an Itinerary (including the departure time(s)), HYER shall endeavour to communicate such changes to the lead Customer named in the Booking Confirmation.
6.6 In the event that any Passenger of the Customer is refused entry at any destination airport, the Customer shall indemnify and keep indemnified HYER or the Operator, in respect of that refusal (including but not limited to charges, fee, penalties, imposts or other expenses levied upon the Operator or HYER by any immigration authority) and, also, all cost or expense incurred by the Operator for any arrangements made by the Operator to return such Passengers to the country from which such Passenger was originally carried.
6.7 Customers shall at all times ensure that HYER has been provided with their updated contact details, including but not limited to telephone numbers (landline and mobile) and a monitored email address. HYER shall have no liability whatsoever for any losses sustained by a Customer due to HYER`s inability to contact them using their disclosed contact details.
6.8 The execution of the Itinerary depends on Flight operability. Events such as (but not limited to) actual weather conditions, airport opening hours, air traffic control, slots, Aircraft defect, overflight and landing permissions might interfere with the operation of the Flight. In case any of the mentioned circumstances force the Itinerary to be cancelled or the Aircraft be diverted to an alternative airport, be forced to return to base or suffer a technical failure, HYER shall use its reasonable endeavours to provide assistance in sourcing alternative means of transport for the completion of the Itinerary, whether from the original Operator or an alternative Operator/transport provider. In arranging any such alternative transport with an alternative Operator/transport provider HYER act solely as the Customer's broker, with such transport being subject to the Terms and Conditions of the relevant Operator/transport provider. Unless otherwise agreed by HYER, the cost of any such alternative transport shall be for the account of the Customer named in the original Booking Confirmation.
A – In case of delays resulted from weather, HYER shall inform the Customer of the potential new departure time and date for the safe performance of the Itinerary.
B – Customer shall be entitled to accept or decline any such alternative transportation as well as the new proposed Itinerary. Should such an offer be declined, or should no alternative transportation be available, Customer is entitled to a refund according to the Operator`s terms. Should such an offer be accepted, Customer shall, unless otherwise agreed by HYER, be liable for any associated costs.
6.9 Customer acknowledge and agree that the captain of the relevant Aircraft is entitled to take all necessary safety precautions at any time, including but not limited to the full authority to make decisions regarding payload (Passengers, luggage and cargo), planned route, Flight timings, the sufficiency of weather conditions for safe Flight and ultimate landing destination.
7 – EXCLUSION OF LIABILITY/INDEMNITY
7.1 Save as otherwise provided in these Terms and Conditions, and to the fullest extent permitted by law, HYER and its investors, shareholders, officers, directors, affiliates, agents, attorneys and third-party service providers and each of their respective employees ( together “indemnitees” shall have no liability whatsoever for any injury, death, loss, claim, damage, accident, delay or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, in any arising out or in connection with the charterer use of or any air travel or other services booked through HYER including, but not limited to:
- Any errors or delays in response to Customer’s request.
- Aircraft and equipment breakdown, or any hardware or software malfunction.
- The performance, partial performance, non-performance or delayed performance of (a) the Itinerary by an Operator or any alternative transport arranged by HYER, including any accident or incident during the course of carriage.
- Any act, neglect, default, omission or negligence of the carrier, any alternative transport provider or any of their respective employees or agents.
7.2 The Customer expressly agrees that their sole recourse of claims arising out of the performance of the Itinerary or any part thereof (including delayed, partial or non-performance) shall be against the Operator.
7.3 If, notwithstanding the provision of this clause 7.1, the indemnitees have any liability to a Customer, such liability shall (to the extent permitted by law) not exceed a sum equivalent to the Charter Price.
7.4 HYER shall be under no liability to the Customer for any failure by its Operator to perform its obligations under an Itinerary arising from force majeure, labour disputes, pandemic or strikes of any kind (including those of Operator`s personnel), lock-outs, technical or weather reasons, or any other cause beyond the control of the Operator including accidents to or failure of the Aircraft or any Aircraft part.
7.5 The indemnities contained in these Terms and Conditions shall survive the termination of any Itinerary or Agreement.
7.6 The Customer shall indemnify the Operator or HYER against any claims by any Passenger of the Customer arising out of the termination of an Itinerary.
8 – GENERAL TERMS
8.1 No party has relied on any warranty or representation of any other party except as expressly stated or referred to in an Itinerary. No Party has relied upon representations made to it by another Party, whether written or oral, except as is expressly contained in these Terms and Conditions.
8.2 Customers shall not be entitled to assign their benefits under these Terms and Conditions.
8.3 Time shall be of the essence in respect of the Customer’s performance of its obligations under this Terms and Conditions.
8.4 HYER may at any time amend these Terms and Conditions at its absolute discretion. Existing bookings shall remain subject to the Terms and Conditions in force at the time of booking.
8.5 The Charter Price, payment terms and other commercial terms contained in the Booking Confirmation are confidential to the Parties and may not be disclosed to third parties without HYER’s prior approval.
9 – SPECIAL TERMS FOR SHARED FLIGHTS
These terms are applicable for Shared Flights. All topics that are not covered here, are governed by the rules applicable for Charter Flights.
A – HYER platforms display available Seats on pre-existing Flights (each, a “Pre-existing Flight”). Customer requests for Seats on a Pre-Existing Flight may be made at any time the Platform is operational and the Flight is available.
B – Booking a seat on HYER Flights can be only made via HYER Platform or via HYER Flight Management Service.
C – Reselling tickets for HYER Flights are not authorised. Tickets purchased of any sources including (and not limited to) other Customers or travel agencies will be cancelled and the Customer is not eligible for a refund.
D – HYER offer two different booking process, depending on the Flight:
- Immediately booking: Customer shall pay the full ticket price to confirm the purchase and their seat on a Flight open for immediate booking.
- Pre-booking: For Flights open for pre-booking, Customers shall pay the pre-booking fee to secure a seat once the Flight is confirmed. At the time the Flight is confirmed Customers shall pay the remaining amount in order to confirm their booking and complete their purchase. No commercial obligation rises from HYER till the moment the full ticket price is paid.
9.2 Fares: HYER reserves the right to modify the Flight fares at any time prior to receipt of payment for such Flight. HYER reserves the right to offer different fares for the same Flight.
9.3 Payment: Shared Flights and additional services to shared Flights are paid with Debit and Credit Card via HYER Platform.
9.4 Luggage Policy and Seating Options
A – Luggage Policy is announced per Flight and on the booking confirmation. Additional baggage requires Operator’s pre-approval. HYER nor Operators assume liability for lost, damaged, or delayed baggage.
B – Seating Options: If not stated otherwise on the Customer booking confirmation, on all Flights, Operator reserves the right to assign specific seats to Passengers.
9.5 Boarding: Customers must arrive fifteen (15) minutes prior to their scheduled departure time. Flights may depart up to five (5) minutes ahead of their scheduled departure time due to circumstances including, but not limited to, weather, temporary flight restrictions, airport congestion, airport curfews and pilot duty times. HYER nor the Operators have an obligation to wait for late Passengers. Refunds are not issued for missed Flights.
9.6 Refusal to Transport
Operators may refuse to transport or remove a Passenger from an Aircraft for any reason, including, but not limited to:
- Failure to comply with this Terms and Conditions or Operator’s instruction in general.
- Appearance by the Passenger that he/she is intoxicated or under the influence of alcohol drugs.
- Disorderly, disruptive, abusive, threatening, or conduct.
- The appearance that a Passenger is engaged in illegal activity.
- Unauthorized photography in on Flights.
- Refunds for Flights terminated under this Section will be determined on a case-by-case basis. If a refund is granted, such refund shall be Customer’s sole recourse against HYER.
9.7 Cancellations and Refunds
A – Tickets are not refundable in case the Customer or Customer`s Passenger decides not to proceed with the trip.
B – If not stated otherwise, all tickets are nor transferable and nor exchangeable.
C – Ticket price is fully refundable in the case of flight cancellation by HYER or the Operator.
D – Flights the are pre-booked, which Customer pays a pre-booking fee before the Flight is confirmed: In case the Flight is not confirmed the pre-booking fee is fully refundable.
E – Refunds are processed within 72 hours after the Cancellation is announced by HYER. This time does not cover the time that might take for the Customer`s bank or credit card provider to process the refund. HYER is not liable for any delays caused by the Customer bank or credit card provider.
10 – HYER ELEVATE MEMBERSHIP
10.1 The Hyer Elevate is a membership level that offers complimentary and complementary packages of services to Customers. Elevate Membership is offered in two conditions:
A – First time clients: Customers booking a Charter Flight for the first time with HYER are entitled to a limited number of services part of our portfolio. First-time clients, after their first flight, have access, for 6 months after the first flight, to the Elevate Membership and its services.
B – Recurring clients and businesses: Customer returning to book with HYER as well as corporate accounts have full access to Elevate Membership.
10.2 HYER reserves the sole right, at any time, to change the criteria for access to the Elevate Membership as well as the offerings of services inside the package.
10.3 HYER reserves the sole right, at any time, to reward Elevate Membership status to Customers that do not fulfil the minimum requirements stated in session 10.1 A and 10.1 B.
10.4 HYER reserves the sole right, at any time, to exclude or cancel Elevate Membership status of Customers that comply with the minimum requirements stated in session 10.1 A and 10.1 B.
10.5 HYER reserves the sole right, at any time, to introduce charges and fees to the Elevate Membership. Customers will then be entitled to opt-in and continue receiving the service or to have the service cancelled with no charge.
11 – LAW AND JURISDICTION
11.1 These Terms and Conditions and any non-contractual obligations arising out of or in connection with them shall be governed by and construed under the laws of The Netherlands.
11.2 The courts of The Netherlands shall have exclusive jurisdiction to adjudicate any dispute which arises out of or in connection with these Terms and Conditions, provided that HYER shall be entitled to take proceedings relating to these Terms and Conditions in any other jurisdiction. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in the city of Amsterdam, in The Netherlands.
12 – RIGHT TO MODIFY THESE TERMS AND CONDITIONS
12.1 HYER reserves the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically.
12.2- Your continued use of the HYER Platforms after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
12.3 Customers that do not accept the terms described on these policies are not allowed to use HYER platform and HYER services.